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HomeMy WebLinkAboutCOW 2012-04-23 Item 4B - Ordinance - Amend Various OrdinancesAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 5, "BUSINESS LICENSE AND REGULATIONS," AND TITLE 18, "ZONING CODE," TO CLARIFY AND UPDATE THE ZONING CODE AND ITS PROVISIONS; REPEALING ORDINANCE NO. 1482 §1 (PART), AS CODIFIED AT TMC SECTION 5.44.130, ORDINANCE NO. 1758 §1 (PART), AS CODIFIED AT TMC SECTION 18.06.681, AND ORDINANCE NOS. 2075 §1 (PART) AND 1758 §1 (PART), AS CODIFIED AT TMC SECTIONS 18.06.932 AND 18.06.933; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Zoning Code establishes procedures for processing site specific rezones and the City of Tukwila (the "City wishes to clarify those procedures to meet state law requirements; and WHEREAS, the Zoning Code establishes design standards for single family dwelling units and the City wishes to allow exceptions to those standards for the replacement of single wide manufactured homes with newer manufactured homes; and WHEREAS, Title 5 of the Tukwila Municipal Code (TMC) has some sections that reference zoning designations and the City wishes to correct the inaccurate references and WHEREAS, the Zoning Code establishes the method of calculating building height and the City wishes to amend it to have a different method of calculation for residential structures on sloping lots; and WHEREAS, the Zoning Code includes a definitions section and the City wishes to update it to include a definition of tow truck operations, and to delete the definitions of regulated and isolated wetlands to be consistent with the Environmentally Sensitive Areas Chapter, and W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 1 of 74 17 WHEREAS, the Zoning Code establishes thresholds for when projects are subject to design review and the City wishes to update the thresholds to be consistent with the recently adopted Shoreline Master Program, clarify thresholds and criteria for non- residential development in the Low Density Residential zone, and clarify when modifications to design review approvals are required; and WHEREAS, the Zoning Code establishes permit application types and procedures and the City desires consistency throughout the different sections of the TMC; and WHEREAS, the Zoning Code establishes landscaping regulations and the City wishes to clarify regulations pertaining to illegal removal of required landscaping; and WHEREAS, the Zoning Code establishes procedures for public notice and the City wishes to update the mailing procedures to allow sending the notice of decision by email; and WHEREAS, the Zoning Code establishes building height regulations for different areas of the City and the City wishes to correct the building height exception areas map that was part of the update adopted on December 3, 2007 (Ordinance No. 2186), and WHEREAS, changes to the allowed uses in the Manufacturing /Industrial Center Light (MIC /L) and Manufacturing /Industrial Center Heavy (MIC /H) zones were made as part of the Comprehensive Plan update and adopted by Ordinance No. 2335, which grouped manufacturing uses under two sub categories: a) those with little potential for creating off -site impacts and (b) those with moderate to substantial potential for creating off -site impacts; and the City wishes to follow the same format for other zones that allow manufacturing uses; and WHEREAS, on January 11, 2012, the City's SEPA Responsible Official issued a Determination of Non Significance on the proposed amendments; and WHEREAS, on January 26, 2012, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and continued the hearing to February 23, 2012, and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 2, 2012, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on April 23, 2012, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 2 of 74 i Section 1. Tukwila Municipal Code (TMC) Chapter 5.44, "Tow Truck Businesses," Amended. Ordinance Nos. 2355 §16 and 1482 §1 (part), as codified at TMC Section 5.44.030, "License Application," are hereby amended to read as follows: A. Every person desiring to operate or have charge of a tow truck business within the City shall make a written application to the Finance Director for a license to do so. B. Such application shall be referred to the P Community Development Director for review to insure the proper location and screening of the proposed operation as set forth in TMC Title 18 Section 2. TMC Chapter 18.06, "Definitions," Amended. Ordinance Nos. 1971 §2 and 1758 §1 (part), as codified in TMC Section 18.06.100, "Building Height," are hereby amended to read as follows: "Building height" means the height of a building as calculated by the method in the Washington State Building Code, except if the slope of the subiect property is 15% or more and the subiect property is zoned residential, then buildina heiqht shall be calculated by either option 1 or option 2 listed below: 1. The qrade plane shall be established from the lowest finished Grade or lowest existing qrade (whichever is lower) adioininq the building at any exterior wall; or Height Limit Lowest Grade W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Actual Grade is greater than 15% Page 3 of 74 19 2. In order to allow the structures to better respond to the topographv of slopinq sites. a structure will be allowed to adiust the points at which heiaht is measured. This may be accomplished by establishinq separate qrade planes at intervals of at least 15 feet for different sections of the structure. Height Limit 15' 15' Section 3 15' f Section 2 r Section 1 0 Average Grade or Lowest Grade for each section Additionally, the Citv may require a topographic survey from a licensed land surveyor when the existing qrade will be disturbed to accomplish the construction or when the final height of the new structure in the area where qrade is beina disturbed is within 2 feet of the allowed heiqht limit for the structure as measured above the existing or finished grade. Section 3. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Tow Truck Operations "Tow Truck Operations" means anv storage vard, buildinq, or vehicle storage /impounding lot for a towing business, including tow vehicles with towed vehicles attached. Tow truck operations do not include central offices for phone dispatch if tow trucks, drivers, or impounded vehicles do not come to the office. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 4 of 74 M Section 4. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled "Wetland Edge," is hereby amended to read as follows: Wetland Edge "Wetland edge" means the boundary of a wetland as delineated based on the 449-7 manual iiR use jany ary 1 1x995 by the C F Pro +en+lon AgeRGy aR d the U. Army Corns of Engineers approved federal wetland delineation manual and applicable reaional supplements. Section 5. TMC Chapter 18.10, "Low Density Residential (LDR) District," Amended. Ordinance Nos. 2251 §11, 1989 §2, 1976 §18, and 1758 §1 (part), as codified at TMC Section 18.10.030, "Accessory Uses," subparagraph 3, are hereby amended to read as follows: 3. Family child care homes, provided the facility shall be licensed by the Department of SeGial and Health Ser„ir•es gmiGe of Child Care PornY Early Learnina or its successor aaencv and shall provide a safe passenger loading zone. Section 6. TMC Chapter 18.10, "Low Density Residential (LDR) District," Amended. Ordinance Nos. 2257 §5, 2251 §13, and 1865 §7, as codified at TMC Section 18.10.055, "Design Review," are hereby amended to read as follows: Design review is required for all conditional uses, and unclassified uses, or non- residential development within the shoreline iurisdiction that involve construction of a new buildinq or exterior chanqes if the cost of the exterior work equals or exceeds 10% of the buildinq's assessed valuation. Design review is required for developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone as well as development in the Urban Overlay District. Section 7. TMC Chapter 18.12, "Medium Density Residential (MDR) District," Amended. Ordinance Nos. 2251 §14, 1989 §3, 1976 §21 and 1758 §1 (part), as codified at TMC Section 18.12.030, "Accessory Uses," subparagraph 3, are hereby amended to read as follows: 3. Family child care homes, provided the facility shall be licensed by the Department of SGGial and Health SeNiGes QffiGe ef Child Care PoliGyEariv Learninq or its successor aaencv and shall provide a safe passenger loading zone. Section 8. TMC Chapter 18.12, "Medium Density Residential (MDR) District," Amended. Ordinance Nos. 2251 §16, 2005 §1, 1865 §11, and 1758 §1 (part), as codified at TMC Section 18.12.060, "Design Review," are hereby amended to read as follows.. Design review is required for all new multi family structures, mobile or manufactured home parks, fer- developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone, and in the shoreline iurisdiction, if W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 5 of 74 21 new buildinq construction or exterior chances are involved and the cost of the exterior work equals or exceeds 10% of the buildina's assessed valuation. Multi- family structures up to 1,500 square feet will be reviewed administratively. Section 9. TMC Chapter 18.14, "High Density Residential (HDR) District," Amended. Ordinance Nos. 2251 §17, 1989 §4, 1976 §25, and 1758 §1 (part), as codified at TMC Section 18.14.030, "Accessory Uses," subparagraph 3, are hereby amended to read as follows: 3. Family child care homes, provided the facility shall be licensed by the Department of SGGial and H S eS QffhGe of Child GaFe PeliG Learninq or its successor aaency and shall provide a safe passenger loading zone. Section 10. TMC Chapter 18.14, "High Density Residential (HDR) District," Amended. Ordinance Nos. 2005, §2, 1865 §15, and 1758 §1 (part), as codified at TMC Section 18.14.060, "Design Review," are hereby amended to read as follows: Design review is required for all multi family structures, mobile or manufactured home parks -fer- developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone, and in the shoreline jurisdiction, if new buildinq construction or exterior chances are involved and the cost of the exterior work equals or exceeds 10% of the buildina's assessed valuation. Multi- family structures up to 1,500 square feet will be reviewed administratively. Section 11. TMC Chapter 18.16, "Mixed Use Office (MUO) District," Amended. Ordinance Nos. 2251 §20, 1976 §29, and 1758 §1 (part), as codified at TMC Section 18.16.030, "Accessory Uses," subparagraph 4, are hereby amended to read as follows: 4. Family child care homes, provided the facility shall be licensed by the Department of SGGial�l and Health SeFViG Early Learning or its successor agencv and shall provide a safe passenger loading zone. Section 12. TMC Chapter 18.16, "Mixed Use Office (MUO) District," Amended. Ordinance Nos. 2005 §3 and 1758 §1 (part), as codified at TMC Section 18.16.070, "Design Review," are hereby amended to read as follows: Design review is required for all oroiects located within the shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation, for commercial structures 1,500 square feet or larger outside the shoreline jurisdiction, for all structures containing multi family dwellings and all structures in the Tukwila International Boulevard corridor. Commercial structures between 1,500 and 5,000 square feet, multi family structures up to 1,500 square feet, and all buildings up to 1,500 square feet in the Tukwila International Boulevard corridor will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 6 of 74 22 Section 13. TMC Chapter 18.18, "Office (0) District," Amended. Ordinance Nos. 2251 §24, 1976 §32, and 1758 §1 (part), as codified at TMC Section 18.18.030, "Accessory Uses," subparagraph 4, are hereby amended to read as follows: 4. Family child care homes, provided the facility shall be licensed by the Department of SGGial and Health SC FVie-es Early Learnina or its successor aaencv and shall provide a safe passenger loading zone. Section 14. TMC Chapter 18.18, "Office (0) District," Amended. Ordinance Nos. 2005 §4 and 1758 §1 (part), as codified at TMC Section 18.18.070, "Design Review," are hereby amended to read as follows: Design review is required for all proiects located within the shoreline iurisdiction that involve new building construction or exterior chanaes if the cost of the exterior chanaes equals or exceeds 10% of the buildina's assessed valuation. and for commercial structures 1,500 square feet or larger outside the shoreline jurisdiction. Commercial structures between 1,500 and 5,000 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. Section 15. TMC Chapter 18.20, "Residential Commercial Center (RCC) District," Amended. Ordinance Nos. 2251 §27, 1976 §37, and 1758 §1 (part), as codified at TMC Section 18.20.030, "Accessory Uses," subparagraph 4, are hereby amended to read as follows: 4. Family child care homes, provided the facility shall be licensed by the Department of SE)^�l and Heal S eFViGes Offi,.o of Child Coro P ^r^y Eariv Learning or its successor aaencv and shall provide a safe passenger loading zone. Section 16. TMC Chapter 18.20, "Residential Commercial Center (RCC) District," Amended. Ordinance Nos. 2005 §5 and 1758 §1 (part), as codified at TMC Section 18.20.070, "Design Review," are hereby amended to read as follows: Design review is required for all new commercial and multifamily structures and all proiects located within the shoreline jurisdiction that involve new building construction or exterior chances if the cost of the exterior chanaes equals or exceeds 10% of the buildinc's assessed valuation. Commercial and multi family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. Section 17. TMC Chapter 18.22, "Neighborhood Commercial Center (NCC) District," Amended. Ordinance Nos. 2251 §30, 1976 §41, and 1758 §1 (part), as codified at TMC Section 18.22.030, "Accessory Uses," subparagraph 4, are hereby amended to read as follows: W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 7 of 74 iK 4. Family child care homes, provided the facility shall be licensed by the Department of c„r.ial an d Health S eFV i es Earlv Learninq or its successor aqencv and shall provide a safe passenger loading zone. Section 18. TMC Chapter 18.22, "Neighborhood Commercial Center (NCC) District," Amended. Ordinance Nos. 2005 §6 and 1758 §1 (part), as codified at TMC Section 18.22.070, "Design Review," are hereby amended to read as follows: Design review is required for all commercial and for all multi family structures and all proiects located within the shoreline iurisdiction that involve new building construction or exterior chanaes if the cost of the exterior chanqes equals or exceeds 10% of the building's assessed valuation. Commercial and multi family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet or in the Tukwila International Boulevard corridor. Section 19. TMC Chapter 18.24, "Regional Commercial Center (RC) District," Amended. Ordinance Nos. 2287 §13, 2251 §32, 2021 §2, 1986 §7, 1971 §10, 1865 §27, 1830 §14, 1814 §2 (part), and 1758 §1 (part), as codified at TMC Section 18.24.020, "Permitted Uses," are hereby amended to read as follows: The following uses are permitted outright within the Regional Commercial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and /or package the following: foods, including, but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 9. Bus stations. 10. Cabinet shops or carpenter shops employing less than five people. 11. Commercial laundries. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 8 of 74 24 12. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Daycare centers. 17. Dwelling multi family units on a lot that does not front on Tukwila International Boulevard South, subject to the HDR requirements of TMC Section 18.50.083, Maximum Building Length, and TMC Section 18.52.060, 2 -4, Recreation Space Requirements. 18. Extended -stay hotel /motel. 19. Financial: a. banking b. mortgage c. other services 20. Fix -it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing and publishing. 26. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing and industrial uses that have little potential for creatinq off- site noise, smoke, dust, vibration or other external environmental impacts or pollution, includina but not limited to, manufacturina, processinq, assembling, packaginq and /or repairing of Man, Ufa GtUFinn nrnr i ng angler paGka ring a. Pharmaceuticals and related products, such as cosmetics and drugs- 219 cam: c: Previously prepared materials including, but not limited to, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood- 30 M aR Mart urinn pfoc- -o3c.44g, a 4b n paGkag C PAJOr repairing Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 34 Medical and dental laboratories. 3230. Mortician and funeral homes. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 9 of 74 25 3331. Motels. -34 Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 35 Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 36 Planned shopping center (mall). 37 Plumbing shops (no tin work or outside storage). 3$ Recreation facilities (commercial indoor), athletic or health clubs. 30 Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 40 Religious facility with an assembly area less than 750 square feet. 44 Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 4240. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 43 Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 44 Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 45 Schools and studios for education or self- improvement. 46 Self- storage facilities. 4745. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 43 Studios art, photography, music, voice and dance. 40 Taverns, nightclubs. 6048. Telephone exchanges. 0449. Theaters, excluding adult entertainment establishments, as defined by this code. 5250. Warehouse storage and /or wholesale distribution facilities. 5351. Other uses not specifically listed in this title, which the Director determines to be: W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 10 of 74 26 a. similar in nature to and compatible with other uses permitted outright within this district, and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 20. TMC Chapter 18.24, "Regional Commercial Center (RC) District," Amended. Ordinance Nos. 2251 §33, 1989 §5, 1976 §43, and 1758 §1 (part), as codified at TMC Section 18.24.030, "Accessory Uses," subparagraph 4, are hereby amended to read as follows: 4. Family child care homes, provided the facility shall be licensed by the Department of zeGial and Health S ices OffiGe of Child GaFe PG4GyEarIv Learnina or its successor aaencv and shall provide a safe passenger loading zone. Section 21. TMC Chapter 18.24, "Regional Commercial Center (RC) District," Amended. Ordinance Nos. 2287 §14, 2251 §34, 2135 §10, 1974 §3 1865 §28, 1830 §15, and 1758 §1 (part), as codified at TMC Section 18.24.040, "Conditional Uses," subparagraph 12, are hereby amended to read as follows: 12. Manufacturinq and industrial uses that have little potential for creatina off- site noise, smoke, dust, vibration or other external environmental impacts or pollution, limited to Mmanufacturing, processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. Section 22. TMC Chapter 18.24, "Regional Commercial Center (RC) District," Amended. Ordinance Nos. 2005 §7, 1865 §30, and 1758 §1 (part), as codified at TMC Section 18.24.070, "Design Review," are hereby amended to read as follows: Design review is required for all voiects located within the shoreline iurisdiction that involve new buildinq construction or exterior chanaes if the cost of the exterior changes eauals or exceeds 10% of the building's assessed valuation. and all hotels and motels and for other commercial structures 1,500 square feet or larger outside the shoreline iurisdiction. Outside of the Tukwila International Boulevard corridor, commercial structures between 1,500 and 5,000 square feet and multi family structures up to 1,500 square feet will be reviewed administratively. Within the Tukwila International Boulevard corridor (see TMC Figure 18 -9), design review is required for all new development as well as certain exterior repairs, reconstructions, alterations or improvements. Commercial and multi family structures up to 1,500 square feet will be reviewed administratively. Section 23. TMC Chapter 18.26, "Regional Commercial Mixed -Use (RCM) District," Amended. Ordinance Nos. 2287 §15, 2251 §35, 2021 §3, 1986 §8, 1971 §11, 1830 §17, 1814 §2, and 1758 §1 (part), as codified at TMC Section 18.26.020, "Permitted Uses," are hereby amended to read as follows: W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 11 of 74 27 The following uses are permitted outright within the Regional Commercial Mixed Use District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and /or package foods, including, but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 9. Bus stations. 10. Cabinet shops or carpenter shops employing less than five people. 11. Commercial laundries. 12. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Daycare centers. 17. Dwelling multi family units above office and retail uses. 18. Extended -stay hotel /motel. 19. Financial: a. banking b. mortgage c. other services 20. Fix -it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 12 of 74 i 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing and publishing. 26. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing and industrial uses that have little potential for creating off site noise, smoke. dust, vibration or other external environmental impacts or pollution, including but not limited to. manufacturing, processina, assembling, packaginq and /or repairinq of: nu faGt Finr. nrnnocsing and!Gr paGkag*Rg a. Pharmaceuticals and related products, such as cosmetics and drugs, 2-9 Previously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, g ink, paint, paper, plastics, rubber, tile and wood 30 C. M 'faGtU PFGGessi' Mcco p aGk .wttt OF Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. X Medical and dental laboratories. 32 Mortician and funeral homes. 33 Motels. 34 Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 35 Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 3634. Planned shopping center (mall). 3-7 Plumbing shops (no tin work or outside storage). 39 Recreation facilities (commercial indoor), athletic or health clubs. 39 Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 49 Religious facility with an assembly area less than 750 square feet. 44 Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 42- Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 13 of 74 29 4-3 Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 44 Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 46 Schools and studios for education or self- improvement. 4644. Self- storage facilities. 4745. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 48 Studios art, photography, music, voice and dance. 49 Taverns, nightclubs. 60 Telephone exchanges. 54 Theaters, excluding adult entertainment establishments, as defined by this code. 52 Warehouse storage and /or wholesale distribution facilities. 53 Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 24. TMC Chapter 18.26, "Regional Commercial Mixed -Use (RCM) District," Amended. Ordinance Nos. 2287 §16, 2251 §37, 2135 §11, 1974 §4, 1865 §32, 1830 §18, and 1758 §1 (part), as codified at TMC Section 18.26.040, "Conditional Uses," subparagraph 11, are hereby amended to read as follows: 11. Manufacturinq and industrial uses that have little potential for creatinq off- site noise, smoke, dust, vibration or other external environmental impacts or pollution, limited to AA processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. Section 25. TMC Chapter 18.26, "Regional Commercial Mixed -Use (RCM) District," Amended. Ordinance Nos. 2005 §8 and 1758 §1 (part), as codified at TMC Section 18.26.070, "Design Review," are hereby amended to read as follows: Design review is required for all proiects located within the shoreline iurisdiction that involve new buildinq construction or exterior changes if the cost of the exterior chanqes equals or exceeds 10% of the building's assessed valuation, and for commercial structures 1,500 square feet or larger and for all structures containing multi family dwellings outside the shoreline iurisdiction. Commercial structures between 1,500 and 5,000 square feet and multi family structures up to 1,500 square feet will be reviewed W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 14 of 74 30 administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. Section 26. TMC Chapter 18.28, "Tukwila Urban Center (TUC) District," Amended. Ordinance Nos. 2287 §17, 2251 §38, and 2084 §2 (part), as codified at TMC Section 18.28.020, "Permitted Uses," are hereby amended to read as follows: The following uses are permitted outright within the Tukwila Urban Center District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers nor sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. 11. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Daycare centers. 17. Extended -stay hotel /motel. 18. Financial: a. banking b. mortgage c. other services 19. Fix -it, radio or television repair shops /rental shops. 20. Fraternal organizations. 21. Frozen food lockers for individual or family use. 22. Greenhouses or nurseries (commercial). W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 15 of 74 31 23. Heavy equipment repair and salvage. 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing, and publishing. 26. Internet data /telecommunication centers. 27. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing 28. Libraries, museums or art galleries (public). 29. Manufacturinq and industrial uses that have little Dotential for creatinq off site noise, smoke, dust, vibration or other external environmental impacts or pollution, including, but not limited to, manufacturing, Drocessina, assembling, packaainq and /or repairing of a. fFoods, including, but not limited to, baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering).. 30 P harmaceuticals and related products, such as cosmetics and drugs -i -34C nn r,rnrocc and /nr paGkag*R P reviously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. 32 n anu R' 4g pf �_Jc:44g, ossembfing, pack andA)f Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. -33 24 35 3633. a. b. Medical and dental laboratories. Mortician and funeral homes. Motels. Offices, including: outpatient medical clinic dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 37 Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 38 Pawnbrokers 39 Planned shopping center (mall). 49 Plumbing shops (no tin work or outside storage). 44 Railroad tracks (including lead, spur, loading or storage). 4239. Recreation facilities (commercial indoor), athletic or health clubs. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 16 of 74 32 4-340. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 44 Religious facility with an assembly area less than 750 square feet. 45 Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 46 Restaurants, including: a. drive through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 47 Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 46 Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 49 Schools and studios for education or self improvement. 59 Self- storage facilities. -5 4 Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 5249. Studios art, photography, music, voice and dance. 5-3 Taverns, nightclubs. 64 Telephone exchanges. 55 Theaters, excluding adult entertainment establishments, as defined by this code. 5653. Warehouse storage and /or wholesale distribution facilities. 5754. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district, and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 27. TMC Chapter 18.28, "Tukwila Urban Center (TUC) District," Amended. Ordinance Nos. 2251 §39 and 2084 §2 (part), as codified at TMC Section 18.28.030, "Accessory Uses," subparagraph 4, are hereby amended to read as follows: 4. Family child care homes, provided the facility shall be licensed by the Department of Anom, ueai+.SeA4Ge, OffiGe ef Child Care PG4GYEarlv Learning or its successor aaencv and shall provide a safe passenger loading zone. Section 28. TMC Chapter 18.28, "Tukwila Urban Center (TUC) District," Amended. Ordinance Nos. 2287 §18, 2251 §40, 2135 §12, 2097 §15, and 2084 §2 (part), as codified at TMC Section 18.28.040, "Conditional Uses," subparagraph 14, are hereby amended to read as follows: W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 17 of 74 33 14. Manufacturinq and industrial uses that have little potential for creating off- site noise, smoke. dust, vibration or other external environmental impacts or pollution, limited to M processing and /or assembling previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. Section 29. TMC Chapter 18.28, "Tukwila Urban Center (TUC) District," Amended. Ordinance No. 2084 §2 (part), as codified at TMC Section 18.28.070, "Design Review," is hereby amended to read as follows: Design review is required for all projects located within the shoreline jurisdiction that involve new building construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation, and for all commercial structures larger than 1,500 square feet, and for all structures containing multi family development outside the shoreline jurisdiction. Commercial structures between 1,500 and 2,500 square feet and multi family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. Section 30. TMC Chapter 18.30, "Commercial /Light Industrial (C /LI) District," Amended. Ordinance Nos. 2287 §20, 2251 §41, 2021 §5, 1986 §10, 1974 §6, 1971 §13, 1830 §23, 1814 §2, and 1758 §1 (part), as codified at TMC Section 18.30.020, "Permitted Uses," are hereby amended to read as follows: The following uses are permitted outright within the Commercial Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, O, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property, (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities, (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.30.020.1.a shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 18 of 74 34 c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenter shops employing less than five people. 11. Commercial laundries. 12. Commercial parking; provided it is: a. located within a structure having substantial ground -floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Contractor storage yards. 15. Convention facilities. 16. Convalescent and nursing homes for not more than 12 patients. 17. Daycare centers. 18. Extended -stay hotel /motel. 19. Financial: a. banking b. mortgage c. other services 20. Fix -it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Heavy equipment repair and salvage. 25. Hotels. 26. Industries involved with etching, film processing, lithography, printing and publishing. 27. Internet data /telecommunication centers. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 19 of 74 35 28. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing 29. Libraries, museums or art galleries (public). 30. Manufacturinq and industrial uses that have little potential for creating off- site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaginq and /or repairinq of: M an a ,nufa nrnnacoing gnat /or assembling of vebic4 2 r+r) mr+nhinC I ding but ngt limited to heavy an light maGhiReFy tools ern' .....J. heavy igala -Roc es a egg �inm�nt Q'7'T�4P'T' ,34 F oods, including, but not limited to, baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering) b P harmaceuticals and related products, such as cosmetics and drugsi- -33c. e,', P reviously- prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and woodi- 34d. AAanufaGtUF pfeGessin g, assem paG agin aPAA repg- Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 31. Manufacturinq and industrial uses that have moderate to substantial potential for creatinq off -site noise, smoke, dust, vibration and other external environmental impacts, but limited only to manufacturinq, processinq, assembly, packaginq and /or repair of electrical or mechanical equipment, vehicles and machines, including, but not limited to, heavy and light machinerv, tools, airplanes, boats or other transportation vehicles and equipment. 35 Medical and dental laboratories. 36 Mortician and funeral homes. 3 34. Motels. 36 Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e administrative f. business, such as travel, real estate g. commercial 39 Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 4837. Pawnbrokers. 438. Planned shopping center (mall). W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 20 of 74 36 42- Plumbing shops (no tin work or outside storage). 43 Railroad tracks (including lead, spur, loading or storage). 44 Recreation facilities (commercial indoor), athletic or health clubs. 46 Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 46 Religious facility with an assembly area less than 750 square feet. 47 Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 4645. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 49 Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 59 Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 54 Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 5249. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 53 Salvage and wrecking operations that are entirely enclosed within a building. 54 Schools and studios for education or self improvement. 55 Self- storage facilities. 56 Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 57 Studios art, photography, music, voice and dance. 56 Taverns, nightclubs. 59 Telephone exchanges. 6857. Theaters, excluding adult entertainment establishments, as defined by this code. 6 Tow truck operations, subject to all additional State and local regulations 62 Truck terminals. 63 Warehouse storage and /or wholesale distribution facilities. 64 Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 21 of 74 37 c. consistent with the policies of the Tukwila Comprehensive Plan. Section 31. TMC Chapter 18.30, "Commercial /Light Industrial (C /LI) District," Amended. Ordinance Nos. 2287 §21, 2251 §43, 2135 §13, 1865 §36, 1830 §24, and 1758 §1 (part), as codified at TMC Section 18.30.040, "Conditional Uses," are hereby amended to read as follows: The following uses may be allowed within the Commercial Light Industrial District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks. 2. Animal shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Drive -in theaters. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals. 11. Manufacturinq and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration and other external environmental impacts, includina but not limited to, manufacturinq, processing, assembly, packaginq and /or repair of a. yore: Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 4-2b. ManufaGtUrig, RFGEOEC.44g andJ4r a ssembl i ng ef Previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 4-3C MaR ufaGtL Jrinr. r_1FGGeccinn andler occomhlinn Previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 44 Park and -ride lots. 4-5 Radio, television, microwave or observation stations, and towers. 46 Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. x7- Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 48 Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work and the assembly of products from the above materials. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 22 of 74 Section 32. TMC Chapter 18.30, "Commercial /Light Industrial (C /LI) District," Amended. Ordinance Nos. 2005 §10 and 1758 §1 (part), as codified at TMC Section 18.30.070, "Design Review," are hereby amended to read as follows: Design review is required for new developments within 300 feet of residential districts all proiects located within the shoreline iurisdiction that involve new building construction or exterior chanqes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation, or within 200 feet oft e GFeen/Dtw^amisr",- R4ef for developments larger than 1,500 square feet outside the shoreline iurisdiction. Commercial structures between 1,500 and 10,000 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. Section 33. TMC Chapter 18.32, "Light Industrial (LI) District," Amended. Ordinance Nos. 2287 §23, 2251 §44, 2021 §6, 1986 §11, 1974 §7, 1971 §14, 1814 §2, 1774 §1, and 1758 §1 (part), as codified at TMC Section 18.32.020, "Permitted Uses," are hereby amended to read as follows: The following uses are permitted outright within the Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, O, NCC, RC, RCM or TUC zone districts or any other residentially zoned property, (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities, (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.32.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 23 of 74 39 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. 11. Commercial parking subject to TMC Chapter 18.56, Off- Street Parking and Loading Regulations. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convention facilities. 15. Daycare centers. 16. Extended -stay hotel /motel. 17. Financial: a. banking b. mortgage c. other services 18. Fix -it, radio or television repair shops /rental shops. 19. Fraternal organizations. 20. Frozen food lockers for individual or family use. 21. Greenhouses or nurseries (commercial). 22. Heavy equipment repair and salvage. 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing and publishing. 25. Internet data /telecommunication centers. 26. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing and industrial uses that have little potential for creating off site noise, smoke, dust, vibration or other external environmental impacts or pollution, metals, including, but not limited to, manufacturing, processing, repairinq, packaging and /or assemblv of: W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 24 of 74 EM a. Previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand- forgingj- 29 Mangy f Gtu F� *R g lI __q c+ �e, acv hlinn of �GFiGal er morh�nin�l v-sh c40 rnaGh :RC d i ng ng, ba RO l i m i ted to heavy and light _2 nd eq uinmont e t airplanes Icy 39b M an u f aG tuFiRg nrOGessinn and /or paGkaginy of F ood, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted)- 34 P harmaceuticals and related products, such as cosmetics and drugsi- 32 MaRufaGtUring, pro ucc� P reviously prepared materials, including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tiles and woods;- 33e. ,M angy �fontL irinn, Mmeessin w��, p� r3 CrtttIGF Fepg-Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 29. Manufacturinq and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, but limited only to manufacturing, processing or assemblinq of electrical or mechanical equipment, vehicles, and machines, including but not limited to, heavy and liqht machinery, tools, airplanes, boats and other transportation vehicles and e ui ment. 34 Medical and dental laboratories. 35 Mortician and funeral homes. 36 Motels. -37 Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 38 Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 39 Pawnbrokers. 49 Planned shopping center (Mall). 44 Plumbing shops (no tin work or outside storage). 4 Railroad tracks (including lead, spur, loading or storage). 43 Recreation facilities (commercial indoor), athletic or health clubs. 44 Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 4541. Religious facility with an assembly area less than 750 square feet. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 25 of 74 41 4642. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 47 Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 4 Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 40 Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 60 Retail sales of furniture, appliances, and automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 54 Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 5248. Salvage and wrecking operations that are entirely enclosed within a building. 53 Schools and studios for education or self improvement. 54 Self- storage facilities. 55 Storage (outdoors) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 56 Taverns, nightclubs. 57 Telephone exchanges. 5354. Theaters, excluding adult entertainment establishments, as defined by this code. 5055. Tow truck operations, subject to all additional State and local regulations 60 Truck terminals. 64 Warehouse storage and /or wholesale distribution facilities. 62 Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district and b. consistent with the stated purpose of this district and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 34. TMC Chapter 18.32, "Light Industrial (LI) District," Amended. Ordinance Nos. 2287 §24, 2251 §46, 2135 §14, 1865 §38, and 1758 §1 (part), as codified at TMC Section 18.32.040, "Conditional Uses," are hereby amended to read as follows: W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 26 of 74 42 The following uses may be allowed within the Light Industrial District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks. 2. Animal shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Drive -in theaters. 7. Electrical substations distribution. 8. Fire and police stations. 9. Hospitals. 10. Manufacturinq and industrial uses that have moderate to substantial potential for creatinq off -site noise, smoke, dust, vibration or other external environmental impacts, including but not limited to, manufacturinq, processing or assemblinq: a. Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering; b MaRufaGWPiPg, 1g and or a ssembling of Previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 4-2 Park and -ride lots. 4-3 Radio, television, microwave or observation stations and towers. 4-4 Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 4-5 Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. 4-6 Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. Section 35. TMC Chapter 18.32, "Light Industrial (LI) District," Amended. Ordinance Nos. 2005 §11 and 1758 §1 (part), as codified at TMC Section 18.32.070, "Design Review," are hereby amended to read as follows: Administrative design review is required for all proiects located within the shoreline iurisdiction that involve new buildinq construction or exterior changes if the cost of the exterior chanqes eauals or exceeds 10% of the buildinq's assessed valuation, or new developments within 300 feet of residential districts. er within 200 foot Gr een /D wamich Rive W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 27 of 74 43 Section 36. TMC Chapter 18.34, "Heavy Industrial (HI) District," Amended. Ordinance Nos. 2287 §25, 2251 §47, 2021 §7, 1986 §12, 1974 §8, 1971 §15, 1814 §2, 1774 §2, and 1758 §1 (part), as codified at TMC Section 18.34.020, "Permitted Uses," are hereby amended to read as follows: The following uses are permitted outright within the Heavy Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, O, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.34.020.1.x. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5 Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 28 of 74 ii 11. Commercial parking subject to TMC Chapter 18.56, Off Street Parking and Loading Regulations. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convention facilities. 15. Daycare centers. 16. Extended -stay hotel /motel. 17. Financial: a. banking b. mortgage c. other services 18. Fix -it, radio or television repair shops /rental shops. 19. Fraternal organizations. 20. Frozen food lockers for individual or family use. 21. Greenhouses or nurseries (commercial). 22. Heavy equipment repair and salvage. 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing, and publishing. 25. Internet data /telecommunication centers.. 26. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturinq and industrial uses that have little potential for creating off site noise, smoke, dust, vibration or other external environmental impacts or pollution, includinq but not limited to, manufacturing, processing, repairing, packaging and /or assemblv of: 28 Man„fa inn andler r Is I h nlastins Etta r- ���ece s s ae erg f� ling— s- k�e�- EOa +g t m e t a l s, setven ±3, claps., weed, Goal, glasc, Vic, ±-eat ec, f-ab4c_c, plaster, CgF 2-9- Ma�n„f Gturin nre Gessin g 3. a :-4/--Gr _a ss emb li n g ele GtF i Ga ll or ieG iGal ppi inm f�9tihti� M nrl�man r hj a Z� E RG! dinn but not limited to heav `7 y and light �C�ITG'Q Z monhinery teels airnlan -j- heats er ether transnertatien vehi C a -Rd equipm-MI. metals SUGh as i ron and stee. uses- a. 3-1. Previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand- forging i- 47 M„faGt„ring nren an d/or naGkaging of b. an r� -ra�� Food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted) W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 29 of 74 45 c_ ?'I. Pharmaceuticals and related products, such as cosmetics and drugs. C1. 34. MaRufaGtUF PFOGO'C-C-: Rg, Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood. e.357 MaRufaGtWigg, PFGGeSS n paGk c a ..PAAd r Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 29. Manufacturina and industrial uses that have moderate to substantial potential for creatina off -site noise, smoke, dust, vibration and other external environmental impacts includina but not limited to, manufacturing, processing, assembling, packaaina and /or reaairinq of: a. Chemicals, liaht metals, plastics, solvents, soaDS, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no renderina or slauahterina)L. b. Electrical or mechanical equipment. vehicles and machines, includina,, but not limited to, heavv and light machinerv, tools, airplanes, boats or other transportation vehicles and eauipment: c. Previously manufactured metals. such as iron and steel fabrication; steel production by electric arc melting, arqon oxygen refining, and consumable electrode melting: and similar heavv industrial uses, 36 Medical and dental laboratories. 37 Mortician and funeral homes. 33 Motels. 30 Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations Cl. professional e. administrative f. business, such as travel, real estate g. commercial 40 Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 44 Pawnbrokers. 42- Planned shopping center (mall). 43 Plumbing shops (no tin work or outside storage). 4438. Railroad tracks (including lead, spur, loading or storage). 4539. Recreation facilities (commercial indoor), athletic or health clubs. 46 Religious facility with an assembly area less than 750 square feet. 47 Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 43 Rental of commercial trucks and fleet rentals requiring a commercial driver's license. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 30 of 74 W 40 Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant. 50 Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 54 Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 52 Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 5347. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. -54 Salvage and wrecking operations. 0-5 Schools and studios for education or self- improvement. -56 Self- storage facilities. -57 Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 5652. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. -50 Taverns, nightclubs. 60 Telephone exchanges. 6455. Theaters, excluding adult entertainment establishments, as defined by this code. 62 Tow truck operations, subject to all additional State and local regulations 63 Truck terminals. 64 Warehouse storage and /or wholesale distribution facilities. 65 Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 37. TMC Chapter 18.34, "Heavy Industrial (HI) District," Amended. Ordinance Nos. 2005 §12, 1793 §1, and 1758 §1 (part), as codified at TMC Section 18.34.070, "Design Review," are hereby amended to read as follows: W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 31 of 74 47 Administrative design review is required for all proiects located within the shoreline iurisdiction that involve new buildina construction or exterior chanaes if the cost of the exterior changes equals or exceeds 10% of the buildina's assessed valuation, or new developments within 300 feet of residential developments or w i hi R 200 foot of +ho GF /rluwamish R o ve r Administrative design review is also required for new developments that are outside the shoreline iurisdiction and over 45 feet in height. Section 38. TMC Chapter 18.36, "Manufacturing /Industrial Center Light (MIC /L) District," Amended. Ordinance Nos. 2335 §2, 2287 §27, 2251 §50, 2235 §6 (part), 2021 §8, 1986 §13, 1974 §9, 1954 §2, 1814 §2, 1774 §3, and 1758 §1 (part), as codified at TMC Section 18.36.020, "Permitted Uses," are hereby amended to read as follows: The following uses are permitted outright within the Manufacturing Industrial Center /Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, O, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public library, (b) public park, trail, or public recreational facility; or (c) religious facility. b. The distances specified in TMC Section 18.36.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automotive services: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 3. Bicycle repair shops. 4. Brew pubs. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 32 of 74 W 5. Bus stations. 6. Commercial laundries. 7. Contractor storage yards. 8. Day care centers. 9. Heavy equipment repair and salvage. 10. Industries involved with etching, film publishing. processing, lithography, printing, and 11. Internet data /telecommunication centers. 12. Laundries: a. self serve; b. dry cleaning; c. tailor, dyeing. 13. Libraries, museums or art galleries (public). 14. Manufacturing and industrial uses that have little potential for creating off site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and /or repairing of: a. E!e� ui—v ^T eG laf�$ al— egkFEp Ef3tz P °hn^l c rr I E E;lkadi —l -RE}t limited to heavy and light machinery, tee 24p4aoe -c, boats or other tran yehinlo and equipment; b Previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging; e Food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted); dc. Pharmaceuticals and related products, such as cosmetics and drugs; e Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood, and f Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment; 15. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, but limited only to manufacturing, processinq, assemblinq, packaginq and /or repairinq of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavv and light machinerv, tools, airplanes, boats or other transportation vehicles and equipment. 4-5 Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, less than 20,000 square feet. This category does not include outpatient medical and dental clinics. 46 Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 418. Railroad tracks, (including lead, spur, loading or storage). W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 33 of 74 I 4-8 Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo ,vans and certain trucks). 49 Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 2-0 Restaurants, including: a. drive through, b. sit down; c. cocktail lounges in conjunction with a restaurant. 24 Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 2 Salvage and wrecking operations that are entirely enclosed within a building. 2.3 Self- storage facilities. 2 Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 2-526. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 2627. Taverns. 2 Telephone exchanges. 2-8 Tow truck operations, subject to all additional State and local regulations 2 Truck terminals. 38 Warehouse storage and /or wholesale distribution facilities. 34 Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 39. TMC Chapter 18.36, "Manufacturing /Industrial Center Light (MIC /L) District," Amended. Ordinance Nos. 2335 §5, 2005 §13, and 1758 §1 (part), as codified at TMC Section 18.36.070, "Design Review," are hereby amended to read as follows: Administrative design review is required for all new office development and other new developments within 300 feet of residential districts, or all Droiects located within the shoreline iurisdiction that involve new buildinq construction or exterior changes if the cost of the exterior changes equals or exceeds 10% of the building's assessed valuation thin 200 feet of the n /rlinei _Amish Rider W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 34 of 74 50 Section 40. TMC Chapter 18.38, "Manufacturing /Industrial Center Heavy (MIC /H) District," Amended. Ordinance Nos. 2335 §6, 2287 §28, 2251 §52, 2235 §7, 2021 §9, 1986 §14, 1974 §10, 1971 §16, 1814 §2, 1774 §4, and 1758 §1 (part), as codified at TMC Section 18.38.020, "Permitted Uses," are hereby amended to read as follows: The following uses are permitted outright within the Manufacturing Industrial Center /Heavy lRdustrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, O, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities, (3) In or within 1,000 feet of: (a) public library, (b) public park, trail, or public recreational facility; or (c) religious facility. b. The distances specified in TMC Section 18.38.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automotive services: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 3. Bicycle repair shops. 4. Brew pubs. 5. Bus stations. 6. Computer software development and similar uses. 7. Contractor storage yards. 8. Day care centers. 9. Heavy equipment repair and salvage. 10. Industries involved with etching, film processing, lithography, printing, and publishing. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 35 of 74 51 11. Internet data /telecommunication centers. 12 Laundries: a. self serve; b. dry cleaning; c. tailor, dyeing. 13. Libraries, museums or art galleries (public). 14. Manufacturing and industrial uses that have little potential for creating off site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and /or repairing of: a. Previously prepared metals including, but not limited to, stamping, dyeing shearing earing p u r n c h h ing of metal, engraving, galvanizing and hand forging. b. E!eGtFiGCEi or FnGGTIaniGRl eq'u veh iGGles 'and rnaGh to n beats er other transportation vehicles and equi bs. Food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). cd. Pharmaceuticals and related products, such as cosmetics and drugs. d e. Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. e f. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 15. Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts, including, but not limited to: a. Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering; b. Manufacturing, processing, assembly, packaging and repair of: (1) Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); and (2) Previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. (3) Electrical or mechanical equipment, vehicles and machines includina, but not limited to, heavv and liaht machinerv, tools, airplanes, boats or other transportation vehicles and eauipment. 16. Offices; must be associated with another permitted uses (e.g., administrative offices for a manufacturing company present within the MIC). 17. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 18. Railroad tracks (including lead, spur, loading or storage). W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 36 of 74 52 19. Recreation facilities (commercial indoor), athletic or health clubs. 20. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 21. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 22. Restaurants, including: a. drive through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 23. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 24. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 25. Salvage and wrecking operations. 26. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use. 27. Self- storage facilities. 28. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet, security required. 29. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 30. Taverns. 31. Telephone exchanges. .32. Tow truck operations, subject to all additional State and local regulations. 33. Truck terminals. 34. Warehouse storage and /or wholesale distribution facilities. 35. Other uses not specifically listed in this title, pursuant to TMC Section 18.104.010(2), which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 41. TMC Chapter 18.38, "Manufacturing /Industrial Center Heavy (MIC /H) District," Amended. Ordinance Nos. 2335 §9, 2005 §14, and 1758 §1 (part), as codified at TMC Section 18.38.070, "Design Review," are hereby amended to read as follows: Administrative design review is required for all new office development and other developments within 300 feet of residential districts or+ all projects located within the shoreline iurisdiction that involve new building construction or exterior changes if the W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 37 of 74 53 cost of the exterior changes eauals or exceeds 10% of _the buildina's assessed valuation 200 foot of the Groon D wanes !i�ior Section 42. TMC Chapter 18.40, "Tukwila Valley South (TVS) District," Amended. Ordinance Nos. 2287 §30, 2251 §54, 2235 §8, 2097 §17, 2021 §10, 1986 §15, 1974 §11, 1971 §17, 1830 §25, 1814 §2, 1774 §5, and 1758 §1 (part), as codified at TMC Section 18.40.020, "Permitted Uses," are hereby amended to read as follows: The following uses are permitted outright within the Tukwila Valley South District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, O, NCC, RC, RCM or TUC zone districts or any other residentially zoned property, (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities, (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.40.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 5. Beauty or barber shops. 6. Bicycle repair shops. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 38 of 74 54 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenter shops employing less than five people. 11. Commercial laundries. 12. Commercial parking, subject to TMC Chapter 18.56, Off Street Parking and Loading Regulations. 13. Computer software development and similar uses. 14. Contractor's storage yards. 15. Convalescent and nursing homes for not more than 12 patients. 16. Convention facilities. 17. Daycare centers. 18. Dwelling one detached single family unit per existing lot (includes factory built or modular home that meets UBC). 19. Extended -stay hotel /motel. 20. Farming and farm related activities. 21. Financial: a. banking b. mortgage c. other services 22. Fix -it, radio or television repair shops /rental shops. 23. Fraternal organizations. 24. Frozen food lockers for individual or family use. 25. Greenhouses or nurseries (commercial). 26. Heavy equipment repair and salvage. 27. Hotels. 28. Industries involved with etching, film processing, lithography, printing and publishing. 29. Internet data /telecommunication centers. 30. Laundries: a. self -serve b. dry- cleaning c. tailor, dyeing 31. Libraries, museums or art galleries (public). 32. Manufacturinq and industrial uses that have little potential for creating off site noise, smoke, dust, vibration or other external environmental impacts of pollution, includinq but not limited to, manufacturinq, processing, assembling, packaginq and /or repairing of: a. Food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted)i- -3-3b. ManufaGtUF;-- --�Rg and er paGkagi Pharmaceuticals and related products, such as cosmetics and drugs. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 39 of 74 55 84 ^nrni Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, the and wood- 35d. p�eo^ n a_R� u repairing Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices and recording equipment. 36 Medical and dental laboratories. 37 Mortician and funeral homes. 39 Motels. 39 Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 49 Pawnbrokers. 44 Planned shopping center (mall). 4 Plumbing shops (no tin work or outside storage). 4-3 Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 44 Railroad tracks (including lead, spur, loading or storage). 48 Recreation facilities (commercial indoor), athletic or health clubs. 46 Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 47 Religious facility with an assembly area of less than 750 square feet. 46 Rental of vehicles not requiring a commercial driver's License (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 4946. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 58 Research and development facilities. 54 Restaurants, including: a. drive through, b. sit down; c. cocktail lounges in conjunction with a restaurant. -52 Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 5-8 Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 40 of 74 56 64 Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 55 Salvage and wrecking operations that are entirely enclosed within a building. 5653. Schools and studios for education or self- improvement. 6754. Self- storage facilities. 6655. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 6-9 Studios art, photography, music, voice and dance. 69 Taverns, nightclubs. 64 Telephone exchanges. 6259. Theaters, excluding adult entertainment establishments, as defined by this code. 63 Tow truck operations, subject to all additional State and local regulations 6461. Truck terminals. 6662. Warehouse storage and /or wholesale distribution facilities. 66 Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district, and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 43. TMC Chapter 18.40, "Tukwila Valley South (TVS) District," Amended. Ordinance Nos. 2251 §55, 1976 §59, and 1758 §1 (part), as codified at TMC Section 18.40.030, "Accessory Uses," subparagraph 3, are hereby amended to read as follows: 3. Family child care homes, provided the facility shall be licensed by the Department Of z^^i°' and Health- SeFViGes OffiGe ef Ghild Care PG4GYEarlv Learning or its successor agencv. and shall provide a safe passenger loading zone. Section 44. TMC Chapter 18.40, "Tukwila Valley South (TVS) District," Amended. Ordinance Nos. 2251 §56, 2135 §18, 1865 §46, 1830 §26, and 1758 §1 (part), as codified at TMC Section 18.40.040, "Conditional Uses," are hereby amended to read as follows: The following uses may be allowed within the Tukwila Valley South District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit). W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 41 of 74 57 3. Cemeteries and crematories. 4. Colleges and universities. 5. Convalescent and nursing homes for more than 12 patients. 6. Drive -in theaters. 7. Dwelling Multi- family units (Max. 22.0 units /acre except senior citizen housing which is allowed to 100 units /acre, as a mixed -use development that is non- industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals, sanitariums, or similar institutions. 11. Manufacturina and industrial uses that have moderate to substantial potential for creatina off -site noise, smoke, dust, vibration or other external environmental impacts, including, but not limited to, manufacturing, processing, assemblv, packaginq and repair of: a. pfGGess� a- n /Gr Ussem b li ng Electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment- 4-2 ManwfaGtWing, PFGGOGS ng andler assemblingChemicals, light metals, plastics, solvents, soap, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering)i- 43 C Mana.RufaGt iri caring- pr r a of Previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses- 4-4 Previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 4-5 Park and ride lots. 4-8 Radio, television, microwave, or observation stations and towers. 4-7 Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 4-815. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 4-9 Religious facility with an assembly area greater than 750 square feet and community center buildings. 2-0 Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 2 -4-18. Salvage and wrecking operations. 22 Schools, preschool, elementary, junior or high schools (public), and equivalent private schools. 2-3 Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 42 of 74 i Section 45. TMC Chapter 18.40, "Tukwila Valley South (TVS) District," Amended. Ordinance Nos. 2005 §15 and 1758 §1 (part), as codified at TMC Section 18.40.070, "Design Review," are hereby amended to read as follows: Design review is required for new development within 300 feet of residential districts, for all proiects located within the shoreline iurisdiction that involve new buildina construction or exterior chanaes if the cost of the exterior chanaes equals or exceeds 10% of the building's assessed valuation 200- feet ef- the rte;eeDwammsn- Rear for developments larger than 1,500 square feet and for all multi family developments outside the shoreline iurisdiction. Commercial structures between 1,500 and 10,000 square feet and multi family structures up to 1,500 square feet will be reviewed administratively. Section 46. TMC Chapter 18.41, "Tukwila South Overlay (TSO) District," Amended. Ordinance Nos. 2287 §31, 2251 §57, and 2235 §10 (part), as codified at TMC Section 18.41.020, "Permitted Uses," are hereby amended to read as follows: The following uses are permitted outright within the Tukwila South Overlay district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult daycare. 2. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, O, NCC, RC, RCC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities;, (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.41.020.2.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 3. Amusement parks. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 43 of 74 K 4. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 5. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 6. Beauty or barber shops. 7. Bed and breakfast lodging. 8. Bicycle repair shops. 9. Billiard or pool rooms. 10. Brew pubs. 11. Bus stations. 12. Cabinet shops or carpenter shops employing less than five people. 13. Colleges and universities. 14. Computer software development and similar uses. 15. Continuing care retirement facility. 16. Convalescent and nursing homes. 17. Convention facilities. 18. Daycare centers. 19. Dwelling (allowed after residential design manual with criteria for approval is adopted by ordinance): a. one detached single family unit per lot b. multi family c. multi family units above office and retail space Cl. senior citizen housing 20. Electrical substation and distribution. 21. Extended -stay hotel /motel. 22. Farming and farm related activities. 23. Financial: a. banking b. mortgage c. other services 24. Fire and police stations. 25. Fix -it, radio or television repair shops /rental shops. 26. Fraternal organizations. 27. Frozen food lockers for individual or family use. 28. Greenhouses or nurseries (commercial). 29. Hospitals. 30. Hotels. 31. Industries involved with etching, film processing, lithography, printing and publishing. 32. Internet data /telecommunication centers. 33. Laundries: a. self -serve b. dry- cleaning W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 44 of 74 M c. tailor, dyeing d. commercial 34. Libraries, museums or art galleries (public). 35. Manufacturina and industrial uses that have little potential for creatinq off site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to. manufacturinq, processing, assemblina, packaainq and /or repairin of: a. fFood, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and by products, frozen foods, instant foods and meats (provided that no slaughtering is permitted) 36b M irinn nrnroccinn and /or paGkaginn Pharmaceuticals and related products, such as cosmetics and drugs. 37 Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and woodi- 38d MaRufaGtLIF Pfeeess i R aG­s eRIb paGkagiR andlef fepaifiRg Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 30 Medical and dental laboratories. 40 Motels. 44 Movie theaters with three or fewer screens. 42- Neighborhood stormwater detention and treatment facilities. 43 Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 44 Pawnbrokers. 40 Planned shopping center (mall) up to 500,000 square feet. 46 Plumbing shops (no tin work or outside storage). 47- Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 48 Private stable. 40 Recreation facilities (commercial indoor), athletic or health clubs. 50 Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 64 Religious facility with an assembly area of less than 750 square feet. X 49. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 45 of 74 61 58 Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 54 Research and development facilities. 5-5 Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 56 Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 7 Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 56 Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 59 Schools and studios for education or self- improvement. 68 Self- storage facilities. 64 Sewage lift stations. 6259. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 63 Studios art, photography, music, voice and dance. 64 Taverns, nightclubs. 6562. Telephone exchanges. 66 Theaters for live performances only, not including adult entertainment establishments. 67 Tow truck operations, subject to all additional State and local regulations 66 Water pump station. 6966. Vehicle storage (no customers onsite, does not include park- and -fly operations). 70 Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district and b. consistent with the stated purpose of this district and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 47. TMC Chapter 18.41, "Tukwila South Overlay (TSO) District," Amended. Ordinance Nos. 2251 §58 and 2235 §10 (part), as codified at TMC Section 18.41.030, "Accessory Use," subparagraph 3, are hereby amended to read as follows: 3. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agencv and shall provide a safe passenger loading zone. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 46 of 74 62 Section 48. TMC Chapter 18.45, "Environmentally Sensitive Areas," Amended. Ordinance No. 2301 §1 (part), as codified at TMC Section 18.45.040, "Sensitive Areas Special Studies," subparagraph B.4.a.(1), is hereby amended to read as follows: 4. Identification and characterization of all sensitive areas, water bodies, and buffers adjacent to the proposed project area or potentially impacted by the proposed project as described in the following sections; a. Characterization of wetlands must include: (1) A wetland delineation report that includes methods used, field indicators evaluated and the results. Wetland delineation must be performed in accordance with Washington DepartmeRt of- Ecele Ma{c-h— 997 (eras FeviseQ). approved federal wetland delineation manual and applicable reaional supplements. Field data forms are to be included in the report. Data collection points are to be shown on the site plan with their corresponding numbers indicated. After the City of Tukwila confirms the boundaries, they are to be professionally surveyed to the nearest square foot and the site plan modified as necessary to incorporate the survey data. Exact wetland acreage will be calculated after the boundaries have been surveyed. Section 49. TMC Chapter 18.45, "Environmentally Sensitive Areas," Amended. Ordinance No. 2301 §1 (part), as codified at TMC Section 18.45.080, "Wetlands Designations, Ratings and Buffers," subparagraph A.1., is hereby amended to read as follows: A. WETLAND DESIGNATIONS. 1. For the purposes of TMC Chapter 18.45, "wetlands" and "regul and tom wetlands"- defined in the Definitions chapter of this title. A wetland boundary is the line delineating the outer edge of a wetland established by using the approved federal wetland delineation manual and applicable regional supplements. :sh, gtenT -State Section 50. TMC Chapter 18.45, "Environmentally Sensitive Areas," Amended. Ordinance No. 2301 §1 (part), as codified at TMC Section 18.45.120, "Areas of Potential Geologic Instability Designation, Rating and Buffers," subparagraph C, is hereby amended to read as follows: C. Each development proposal containing or threatened by an area of potential geologic instability Class 2 or higher shall be subject to a geotechnical report pursuant to the requirements of TMC Chapter 18.45.040 43 and 18.45.060. The geotechnical report shall analyze and make recommendations on the need for and width of any setbacks or buffers necessary to achieve the goals and requirements of TMC Chapter W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 47 of 74 63 18.45. Development proposals shall then include the buffer distances as defined within the geotechnical report. Section 51. TMC Chapter 18.45, "Environmentally Sensitive Areas," Amended. Ordinance No. 2301 §1 (part), as codified at TMC Section 18.45.180, "Exceptions," subparagraph A, is hereby amended to read as follows: A. REASONABLE USE EXCEPTIONS 1. If application of TMC Chapter 18.45 would deny all reasonable use of the property containing wetlands, watercourses or their buffers, the property owner or the proponent of a development proposal may apply for a reasonable use exception. 2. Applications for a reasonable use exception shall be a Type 4 decision and shall be processed pursuant to TMC Chapter 18.104. 3. If the applicant demonstrates to the satisfaction of the Plan++ng Gemmossie+�Hearina Examiner that application of the provisions of TMC Chapter 18.45 would deny all reasonable use of the property, development may be allowed that is consistent with the general purposes of TMC Chapter 18.45 and the public interest. 4. The GernmissmonHearinq Examiner, in granting approval of the reasonable use exception, must determine that: a. There is no feasible on -site alternative to the proposed activities, including reduction in size or density, modifications of setbacks, buffers or other land use restrictions or requirements, phasing of project implementation, change in timing of activities, revision of road and lot layout, and /or related site planning that would allow a reasonable economic use with fewer adverse impacts to the sensitive area. b. As a result of the proposed development there will be no unreasonable threat to the public health, safety or welfare on or off the development proposal site. c. Alterations permitted shall be the minimum necessary to allow for reasonable use of the property. d. The proposed development is compatible in design, scale and use with other development with similar site constraints in the immediate vicinity of the subject property if such similar sites exist. e. Disturbance of sensitive areas has been minimized by locating any necessary alterations in the buffers to the greatest extent possible. of: f. The inability to derive reasonable use of the property is not the result W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 48 of 74 .i (1) a segregation or division of a larger parcel on which a reasonable use was permittable after the effective date of Sensitive Areas Ordinance No. 1599, June 10, 1991; (2) actions by the owner of the property (or the owner's agents, contractors or others under the owner's control) that occurred after the effective date of the sensitive areas ordinance provisions that prevents or interferes with the reasonable use of the property; or (3) a violation of the sensitive areas ordinance, g. The Gem ieaHearina Examiner, when approving a reasonable use exception, may impose conditions, including but not limited to a requirement for submission and implementation of an approved mitigation plan designed to ensure that the development: (1) complies with the standards and policies of the sensitive areas ordinance to the extent feasible; and (2) does not create a risk of damage to other property or to the public health, safety and welfare. h. Approval of a reasonable use exception shall not eliminate the need for any other permit or approval otherwise required for a project, including but not limited to design review. Section 52. TMC Chapter 18.50, "Supplemental Development Standards," Amended. Ordina nce Nos. 2186 §1 and 1758 §1 (part), as codified at TMC 18.50.020, "Special Height Limitation Areas," are hereby amended to read as follows: There are is hereby established a special height limitation areas, as depicted by Figure 18 -3. "iit "in iNhinh ne building shall be oronted which ex si (6) stories- in height ma y The revised Figure 18 -3, attached hereto as Exhibit A, is hereby adopted. Section 53. TMC Chapter 18.50, "Supplemental Development Standards," Amended. Ordinance No. 2098 §3, as codified at TMC Section 18.50.055, "Single Family Design Standard Exceptions," is hereby amended to read as follows: A. The design standards required in TMC Section 18.50.050 (5) and (6) may be modified by the Communitv DeveloomentGG9- Director as a Type 2 Special Permission decision. 1. The criteria for approval of a roof pitch flatter than 5:12 are as follows: a. The proposed roof pitch is consistent with the style of the house (for example modern, southwestern); W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 49 of 74 65 b. If a flat roof is proposed, the top of the parapet may not exceed 25 feet in height; c. If a sloped roof is proposed, it must have at least 24 -inch eaves; and d. The house exhibits a high degree of design quality, including a mix of exterior materials, detailing, articulation and modulation. 2. The criteria for approval of a house with a front door that faces the side or rear yard are as follows: a. The topography of the lot is such that pedestrian access is safer or more convenient from the side or rear yard; b. The house will be set back at least twice the minimum front yard setback; c. The entrance is oriented to take advantage of a site condition such as a significant view; or d. The entry feature is integral to a unique architectural design. B. The design standards required in TMC Section 18.50.050 (5) and (6) may also be modified by the Communitv Development Director as a Tvpe 2 Special Permission decision if the proposal includes a replacement of a single wide manufactured home with a double wide and newer manufactured home. The oropertv owner can apply for this waiver oniv one time per Dropertv startina from the date of adoption of this ordinance. Additionally, the proposal should result in aesthetic improvement to the neighborhood. Section 54. TMC Chapter 18.52, "Landscape, Recreation, Recycling /Solid Waste Space Requirements," Amended. Ordinance Nos. 2251 §65, 1971 §19, and 1872 §14 (part), as codified at TMC Section 18.52.050, "Landscape Plan Require- ments," are hereby amended to read as follows: A. A Washington State licensed landscape architect shall prepare and stamp the landscape plans in accordance with the standards herein. Detailed plans for landscaping and screening shall be submitted with plans for building and site improvements. Included in the plans shall be type, quantity, spacing and location of plants and materials, site preparation and specifications for soils and mulches, location of all overhead and underground utilities (so as to avoid conflicts with proposed planting locations), typical planting details and the location of irrigation systems. B. Installation of the landscaping and screening shall be completed and a Landscaping Declaration submitted by the owner or owner's agent prior to issuance of the certificate of occupancy. If necessary, due to weather conditions or construction scheduling, the installation may be postponed to the next planting season if approved by the Community Development Director and stated on the building permit. A performance assurance device equal to 150% of the cost of the labor and materials must be provided to the City before the deferral is approved. The property owner shall keep all planting areas free of weeds and trash and replace any unhealthy or dead plant materials for the life of the project in conformance with the intent of the approved W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 50 of 74 landscape plan and TMC Section 8.28.180. Anv landscaping required by this chapter shall be retained and maintained for the life of the oroiect. Additionallv, toppinq or removal of required trees is prohibited. Only trees that pose a danqer or are diseased, as determined by an ISA certified arborist, shall be allowed to be removed. Anv illegal removal of required trees shall be subiect to obtaininq a tree permit and replacement with trees that meet or exceed the functional value of the removed trees. Section 55. TMC Chapter 18.56, "Off- street Parking and Loading Regulations," Amended. Ordinance Nos. 2251 §66, 1795 §3 (part), and 1758 §1 (part), as codified at TMC Section 18.56.040, "General Requirements," subparagraph 5.f., are hereby amended to read as follows: 5. f. The Public Works Director or the Communitv Development DirectorPlanning Commission may require ingress separate from an egress for smoother and safer flow of traffic. Section 56. TMC Chapter 18.56, "Off- street Parking and Loading Regulations," Amended. Ordinance Nos. 2251 §67, 1795 §3 (part), and 1758 §1 (part), as codified at TMC Section 18.56.050, "Required Number of Parking Spaces," are hereby amended to read as follows: The minimum number of off street parking spaces for the listed uses shall be as shown in Figure 18 -7. Minimum parking requirements shall be maintained over the life of the original or primary use. Any additional uses, either secondary or accessory in nature, must have parking available that does not impact the minimum parking of the original or primary use. This extends to parking spaces used for park- and -fly lots or use of parking for storage or outdoor displays. Figure 18 -7 Required Number of Parking Spaces for Automobiles and Bicycles Use Single family and multi- family dwellings Automobile Standard 2 for each dwelling unit that contains up to 3 bedrooms. 1 additional space for every 2 bedrooms in excess of 3 bedrooms in a dwelling unit. Additional parking may be required for home occupations and accessory dwelling units as otherwise proved by this title. Bicycle Standard For multi- family,1 space per 10 parking stalls, with a minimum of 2 spaces. No requirement for single family. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 51 of 74 67 Use Multi- family and Mixed -Use residential (in the Urban Renewal Overlay (URO)) At least 75% of required residential parking is provided in an enclosed structure (garage or podium). The structure must be screened from view from public rights of way. Senior Citizen Housing Religious facilities, mortuaries and funeral homes Automobile Standard One for each dwelling unit that contains up to one bedroom. 0.5 additional spaces for every bedroom in excess of one bedroom in a multi- family dwelling unit. One automobile space at no charge to a car sharing program (if available) for every 50 to 200 residential spaces on site. An additional space shall be provided for developments with over 200 parking spaces. All car share spaces are in addition to required residential parking. If car sharing programs are not available when the building is constructed, an equivalent number of guest parking spaces shall be provided. These shall be converted to dedicated car sharing spaces when the program becomes available. For 15 units or less, l space per dwelling unit. For dwellings with more than 15 units, a minimum of 15 spaces are required, plus 1 space per 2 dwelling units. 1 for each 4 fixed seats Bicycle Standard One secure, covered, ground level bicycle parking space shall be provided for every four residential units in a mixed -use or multi- family development. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 52 of 74 i Use Universities, other post Voc-ational Schools and educational instibations Convalescent/ nursing/ rest homes Food stores and markets High schools Hospitals Hotels, motels and extended stay Manufacturing Automobile Standard Shall be determined by on an ev aluati on of informatien concerning traffic generated by prepeseduse. 1 for every 4 beds with a minimum of 10 stalls 1 for each 300 square feet of usable floor area Bicycle Standard 1 space per- 50 par-king .zcuus with a miniii+um E) 2 Gp ees_ 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 for each staff member plus 2 1 space per 50 parking stalls, for every 5 students or visitors with a minimum of 2 spaces. 1 for each bed 1 for each room, plus one employee space for each 20 rooms, rounded to the next highest figure 1 for each 1,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. Office, commercial and 3.0 for each 1,000 square feet 1 space per 50 parking stalls, professional buildings, banks, of usable floor area with a minimum of 2 spaces. dental and medical clinics Outdoor- sports areas Shall be deter-ff4ned b 1 s-paEe per- 50 par-king stalls f 2 spaces. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 53 of 74 W Use Places of public assembly, including auditoriums, exhibition halls, community clubs, community centers, and private clubs Post offices libraries police and fire stations Restaurant Restaurant, Fast food Retail Sales, Bulk Retail sales, General Automobile Standard The Director shall determine the number of required parking spaces, with a minimum of 1 space for every 100 square -feet of assembly area. To ensure parking adequacy for each proposal, the Director may consider the following: a. A parking study or documentation paid for by the applicant and administered by the City regarding the actual parking demand for the proposed use, or b. Evidence in available planning and technical studies relating to the proposed use. 3 for each 1,000 square feet of usable floor area 1 for each 100 square feet of usable floor area 1 for each 50 square feet of usable floor area. Fifty percent of any outdoor seating area will be added to the usable floor area for parking requirement calculations. 2.5 for each 1,000 square feet of usable floor area. 4 for each 1,000 square feet of usable floor area if located within the TUC or TVS zoning districts; 2.5 for each 1,000 square feet of usable floor area if located in any other zoning district. Bicycle Standard 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 4 space per 50 parking stalls, 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 54 of 74 FEB Use Automobile Standard Schools, Elementary Junior 1.5 for each staff member High Bicycle Standard 1 space per classroom Shopping center (mall), planned, per usable floor area size, as listed below: 500,000 sq. ft. or larger 5 for every 1,000 sq. ft. 1 space per 50 parking stalls, with a minim of 2 spaces. 25,000 499,999 sq. ft. Taverns Theaters Warehousing 4 for every 1,000 sq. ft. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 for every 4 persons based on 1 space per 50 parking stalls, occupancy load. with a minim of 2 spaces. 1 for every 4 fixed seats. If seats are not fixed,1 per 3 seats, with concurrence of Fire Chief, consistent with maximum allowed occupancy 1 for every 2,000 square feet of usable floor area. 1 space per 100 seats, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minim of 2 spaces. Section 57. TMC Chapter 18.56, "Off- street Parking and Loading Regulations," Amended. Ordinance Nos. 1795 §2 (part), 1770 §33, and 1758 §1 (part), as codified at TMC Section 18.56.060, "Loading Space Requirements," are hereby amended to read as follows: Off street space for standing, loading and unloading services shall be provided in such a manner as not to obstruct freedom of traffic movement on streets or alleys. For all office, commercial, and industrial uses, each loading space shall consist of at least a 10 -foot by 30 -foot loading space with 14 -foot height clearance for small trucks such as pickup trucks, or a 12 -foot by 65 -foot loading space with 14 -foot height clearance for large trucks, including tractor-trailer largo spa The prL3GFibed number of spaG required are as follows- W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 55 of 74 71 Number of SpaGes Other Cornmemial and industrial Buildings O minimum large snares) m 2 10,000 to 25,000 -3 25,000 to 85,000 4 85,000 to 155,000 C 5 a555,000 to 23 -,r O 235, 500 tom ?2.., 7 27r, g 425 -9 535,000 to 655,0000 ^^t-0 655,000 to 775,000- 44 775,000 to 925,000- These requirements may be modified as a Type 1 4 decision, where the Communitv Development Director Planning G_c_)rn1m1i__1;ZS1MGR GF en appeal, the City GeunG4 finds that such reduction will not result in injury to neighboring property, or obstruction of fire lanes /-or traffic, and will be in harmony with the purposes and intent of this chapter. Section 58. TMC Chapter 18.56, "Off- street Parking and Loading Regulations," Amended. Ordinance Nos. 2199 §19 and 1976 §62, as codified at TMC Section 18.56.065, "Residential Parking Requirements," are hereby amended to read as follows: A. Two off street parking spaces shall be provided for each dwelling unit which contains up to three bedrooms. One additional off street parking space shall be required for every two bedrooms in excess of three bedrooms in a dwelling unit (i.e., four- and five bedroom dwelling units shall have three off street parking spaces, six and seven bedroom homes shall have four spaces, and so on). B. Each unit in a townhouse development shall have an attached garage with parking for at least one vehicle or a parking space in an underground garage. C. The Director shall have the discretion to waive the requirement to construct a portion of the off street parking requirement if, based on a parking demand study, the property owner establishes that the dwelling will be used primarily to house residents who do not and will not drive due to a factor other than age. Such a study shall assure that ample parking is provided for residents who can drive, guests, caregivers and other persons who work at the residence. If such a waiver is granted, the property owner shall provide a site plan, which demonstrates that in the event of a change of use, which eliminates the reason for the waiver, there is ample room on the site to provide the number of off street parking spaces required by this Code. In the event that a change of use or type of occupant is proposed that would alter the potential number of drivers living or working at the dwelling, the application for change of use shall be conditioned on construction of any additional off street parking spaces required to meet the standards of this Code. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 56 of 74 72 D. Parkinq in a Low Densitv Residential (LDR) zone is subiect to vehicle storage and parking requlations listed under TMC Chapter 8.25. Section 59. TMC Chapter 18.56, "Off- street Parking and Loading Regulations," Amended. Ordinance Nos. 1795 §2 (part) and 1758 §1 (part), as codified at TMC Section 18.56.120, "Filing of Plans," are hereby amended to read as follows: Detailed plans of off street parking areas, indicating the proposed development including the location, size, shape, design, curb -cuts, adjacent streets, circulation of traffic, ingress and egress to parking lots and other features and appurtenances of the proposed parking facility, shall be filed with and reviewed by the DGDCommunity Development Director. The parking area shall be developed and completed to the required standards before an occupancy permit for the building may be issued. The parking lot lavout shall be reviewed as part of the underlvinq land use or the construction permit. If the proposal includes only reconfipurinq of the Parkinq lot such as addinq /deletinq parkinq spaces, makinq chanqes to the interior parking lot landscapinq, or alterinq fire lanes. but no other land use permit or other construction permit is required, then the restripinq proposal shall be reviewed as a Tvpe 2 decision process as outlined in TMC Section 18.108.020. Section 60. TMC Chapter 18.56, "Off- street Parking and Loading Regulations," Amended. Ordinance No. 1795 §2 (part), as codified at TMC Section 18.56.130, "Development Standards for Bicycle Parking," subparagraph D, is hereby amended to read as follows: D. Process. Upon application to and review by the Communitv Development Director subject to a Type 1 4 decision process as outlined in TMC Section 18.108.04 the bicycle parking requirements may be modified or waived, where appropriate. Section 61. TMC Chapter 18.56, "Off- street Parking and Loading Regulations," Amended. Ordinance No. 1795 §2 (part), as codified at TMC Section 18.56.140, "Administrative Variance from Parking Standards," is hereby amended to read as follows: A. General. 1. A request for an administrative variance from required parking standards must be received prior to any issuance of building or engineering permits. Administrative variances are only eligible for requests for reductions of required parking between 1% and 10 Requests for reductions from minimum parking standards in excess of 10% must be made to the Planning COMM iSSOGR Hearinq Examiner. 2. The project developer shall present all findings to the Director prior to any final approvals, including design review, conditional use permit review, building review or any other permit reviews required by the Director. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 57 of 74 73 B. Criteria: 1. All requests for reductions in parking shall be reviewed under the criteria established in this section. 2. In addition to the following requirements, the Director may require specific measures not listed to ensure that all impacts with reduced parking are mitigated. Any spillover parking which cannot be mitigated to the satisfaction of the Director will serve as the basis for denial. A reduction may be allowed, pursuant to either an administrative variance or requests to the Planning Commission Hearing Examiner, after: a. All shared parking strategies are explored. b. On -site park and ride opportunities are fully explored. c. The site is in compliance with the City's commute trip reduction ordinance or, if not an affected employer as defined by the City's ordinance, agrees to become affected. d. The site is at least 300 feet away from a single family residential zone. e. A report is submitted providing a basis for less parking and mitigation necessary to offset any negative effects. C. Process: 1. An applicant shall submit evidence that decreased parking will not have a negative impact on surrounding properties or potential future uses. This may take the form of a brief report for administrative variances. Decreases in excess of 10% must be made to the PlaRniRg CommissienHearinci Examiner. The Director may require additional studies to ensure that negative impacts are properly mitigated. A complete and detailed Parking Demand Study is required for requests reviewed by the Planting Gemm Hearinq Examiner. 2. All site characteristics should be described in the report, including: a. Site accessibility for transit. b. Site proximity to transit, with 15- to 30- minute headways. c. Shared use of on -site parking. d. Shared use of off -site parking. e. Combined on -site parking. f. Employee density. g. Adjacent land uses. D. Review: Applications for administrative variances for reductions below minimum parking requirements between 1% and 10% shall be processed as Type 2 decisions, pursuant to TMC Section 18.108.020. Applications for reductions from minimum parking requirements in excess of 10% shall be processed as Type 34 decisions, pursuant to TMC Section 18.108.04 including a hearing before the Planning Gemmission Hearina Examiner. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 58 of 74 74 Section 62. TMC Chapter 18.60, "Board of Architectural Review," Amended. Ordinance Nos. 2257 §11, 2251 §73, 2235 §15, 2118 §1, 2005 §17, 1865 §50, and 1758 §1 (part), as codified at TMC Section 18.60.030, "Scope of Authority," are hereby amended to read as follows: A. The rules and regulations of the Board of Architectural Review shall be the same as those stated for the Planning Commission in the bylaws of the Tukwila Planning Commission. B. The DGD- Community Development Director will review projects meeting the thresholds for administrative design review. The BAR will review all other projects requiring design review approval. The Board and the DGD Community Development Director shall have the authority to approve, approve with conditions, or deny all plans submitted based on a demonstration of compliance with all of the guidelines of this chapter, as judged by the preponderance of evidence standard. C. Design review is required for the following described land use actions: 1. All developments will be subject to design review with the following exceptions: a. Developments exempted in the various districts; b. Developments in LI, HI, MIC /L and MIC /H districts, except when within 300 feet of residential districts or within 200 feet of the Green /Duwamish River or that require a shoreline permit; 2. Any exterior repair, reconstruction, cosmetic alterations or improvements, if the cost of that work equals or exceeds 10% of the building's assessed valuation (for costs between 10% and 25 the changes will be reviewed administratively): a. For sites whose gross building square footage exceeds 10,000 square feet in MUO, O, RCC, NCC, RC, RCM, TUC and C /LI zoning districts; and b. For any site in the NCC, MUO or RC zoning districts in the Tukwila International Boulevard corridor (see TMC Figure 18 -9). c. For any multi family structures in MDR and HDR zones. d. For all conditional and unclassified uses in the LDR zone that involve construction of a new building or exterior repairs that exceed 10% of the assessed value of the buildina. 3. Development applications using the procedures of TMC Section 18.60.60, Commercial Redevelopment Area. 4. Development applications using the procedures of TMC Chapter 18.43, Urban Renewal Overlay District. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 59 of 74 75 5. All proiects located within the shoreline iurisdiction that involve construction of a new buildina or exterior chances, if the cost of the exterior work eauals or exceeds 10% of the buildina's assessed valuation, except the construction of a sinale family house is exempt. 6. Modification of a buildina and /or the site, if the buildina and /or site had gone through desiqn review within the last 10 vears, shall reauire modification of the oriainal decision. Minor modifications of BAR approval shall be processed as administrative desian review and maior modifications of BAR approval shall reauire BAR approval. D. For development in the NCC, RC, and MUO zones within the Tukwila International Boulevard corridor, identified in TMC Figure 18 -9, certain landscaping and setback standards may be waived and conditioned, upon approval of plans by the BAR, in accordance with criteria and guidelines in the Tukwila International Boulevard Design Manual, as amended. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. E. No changes shall be made to approved designs without further BAR or Director approval and consideration of the change in the context of the entire project; except that the Director is authorized to approve minor, insignificant modifications which have no impact on the project design. Section 63. TMC Chapter 18.60, "Board of Architectural Review," Amended. Ordinance Nos. 2235 §16 and §17, 2199 §20, 1986 §16, 1865 §51, and 1758 §1 (part), as codified at TMC Section 18.60.050, "Design Review Criteria," subparagraph C, are hereby amended to read as follows: C. Multi Family, Hotel and Motel Design Review Criteria. In reviewing any application for multi family, hotel, motel, or non residential development in a Low Densitv Residential zone a ppliGatieR the following criteria shall be used by the BAR in its decision making, as well as the Multi Family Design Manual or Townhouse Design Manual. Detached zero -lot -line type of developments shall be subject to the Townhouse Design Manual. 1. SITE PLANNING. a. Building siting, architecture, and landscaping shall be integrated into and blend harmoniously with the neighborhood building scale, natural environment, and development characteristics as envisioned in the Comprehensive Plan. For instance, a multi family development's design need not be harmoniously integrated with adjacent single family structures if that existing single family use is designated as "Commercial" or "High- Density Residential" in the Comprehensive Plan. However, a "Low- Density Residential" (detached single family) designation would require such harmonious design integration. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 60 of 74 76 b. Natural features, which contribute to desirable neighborhood character, shall be preserved to the maximum extent possible. Natural features include, but are not limited to, existing significant trees and stands of trees, wetlands, streams, and significant topographic features. c. The site plan shall use landscaping and building shapes to form an aesthetically pleasing and pedestrian scale streetscape. This shall include, but not be limited to facilitating pedestrian travel along the street, using architecture and landscaping to provide a desirable transition from streetscape to the building, and providing an integrated linkage from pedestrian and vehicular facilities to building entries. d. Pedestrian and vehicular entries shall provide a high quality visual focus using building siting, shapes and landscaping. Such a feature establishes a physical transition between the project and public areas, and establishes the initial sense of high quality development. e. Vehicular circulation design shall minimize driveway intersections with the street. f. Site perimeter design (i.e., landscaping, structures, and horizontal width) shall be coordinated with site development to ensure a harmonious transition between adjacent projects. g. Varying degrees of privacy for the individual residents shall be provided, increasing from the public right -of -way, to common areas, to individual residences. This can be accomplished through the use of symbolic and actual physical barriers to define the degrees of privacy appropriate to specific site area functions. h. Parking and service areas shall be located, designed and screened to interrupt and reduce the visual impact of large paved areas. i. The height, bulk, footprint and scale of each building shall be in harmony with its site and adjacent long -term structures. f c� Il I I J [el i7 �Cy [e7J a. Architectural style is not restricted; evaluation of a project shall be based on the quality of its design and its ability to harmonize building texture, shape, lines and mass with the surrounding neighborhood. b. Buildings shall be of appropriate height, scale, and design /shape to be in harmony with those existing permanent neighboring developments that are consistent with, or envisioned in, the Comprehensive Plan. This will be especially important for perimeter structures. Adjacent structures that are not in conformance with the Comprehensive Plan should be considered to be transitional. The degree of architectural harmony required should be consistent with the nonconforming structure's anticipated permanence. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 61 of 74 77 c. Building components, such as windows, doors, eaves, parapets, stairs and decks shall be integrated into the overall building design. Particular emphasis shall be given to harmonious proportions of these components with those of adjacent developments. Building components and ancillary parts shall be consistent with the anticipated life of the structure. d. The overall color scheme shall work to reduce building prominence and shall blend in with the natural environment. e. Monotony of design in single or multiple building projects shall be avoided. Variety of detail, form, and siting shall be used to provide visual interest. Otherwise monotonous flat walls and uniform vertical planes of individual buildings shall be broken up with building modulation, stairs, decks, railings, and focal entries. Multiple building developments shall use siting and additional architectural variety to avoid inappropriate repetition of building designs and appearance to surrounding properties. 3. LANDSCAPE AND SITE TREATMENT. a. Existing natural topographic patterns and significant vegetation shall be reflected in project design when they contribute to the natural beauty of the area or are important to defining neighborhood identity or a sense of place. b. Landscape treatment shall enhance existing natural and architectural features, help separate public from private spaces, strengthen vistas and important views, provide shade to moderate the effects of large paved areas, and break up visual mass. c. Walkways, parking spaces, terraces, and other paved areas shall promote safety and provide an inviting and stable appearance. Direct pedestrian linkages to the public street, to on -site recreation areas, and to adjacent public recreation areas shall be provided. provided. d. Appropriate landscape transition to adjoining properties shall be 4. MISCELLANEOUS STRUCTURES. a. Miscellaneous structures shall be designed as an integral part of the architectural concept and landscape. Materials shall be compatible with buildings, scale shall be appropriate, colors shall be in harmony with buildings and surroundings, and structure proportions shall be to scale. b. The use of walls, fencing, planting, berms, or combinations of these shall accomplish screening of service yards and other places that tend to be unsightly. Screening shall be effective in winter and summer. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 62 of 74 0 c. Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened from view. Screening shall be designed as an integral part of the architecture (i.e., raised parapets and fully enclosed under roof) and landscaping. d. Exterior lighting standards and fixtures shall be of a design and size consistent with safety, building architecture and adjacent area. Lighting shall be shielded and restrained in design with no off -site glare spill -over. Excessive brightness and brilliant colors shall not be used unless clearly demonstrated to be integral to building architecture. Section 64. TMC Chapter 18.66, "Unclassified Use Permits," Amended. Ordinance No. 1769 §4 (part), as codified at TMC Section 18.66.120, "Expansion of Existing Unclassified Use Animal Rendering Facilities," is hereby amended to read as follows: In addition to the structures permitted pursuant to TMC Section 18.66.110, existing animal rendering facilities shall be allowed to construct new facilities to update and /or modernize such use without needing to obtain a new or revised unclassified use permit if such construction involves an intensification of the permitted existing facility. For purposes of this section, "facilities" shall refer to all structures, including tanks, processing equipment, buildings and other improvements used in the rendering operation, and "intensification" shall mean new construction shall meet all of the requirements below. Any proposed new construction that fails to meet one or more of the requirements of intensification shall be considered an enlargement or expansion, and shall require an application for a new or revised unclassified use permit for the facilities which constitute the enlargement or expansion: 1. The construction of new facilities shall be considered an intensification and may be permitted without the need to obtain an Unclassified Use Permit (UUP) if: a. The total area of the site is not increased. b. The construction of new facilities does not generate more than 10 new vehicle trips at peak hour, as determined pursuant to TMC Chapter 9.48, related to traffic concurrency. c. No new facilities are located in the shoreline buffer ERV*FGRrneR or Low lrnpaGt pertion ef the Shoreline. d. The new facilities will comply with the performance standards set forth in TMC Section 18.66.130. e. The construction of new manufacturing facilities does not result in more than a 5% cumulative increase in the manufacturing capacity of the processing facility. f. The construction will not increase the extent of any nonconformity of any structure by reason of its height, bulk or setbacks. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 63 of 74 79 2. Any proposed new facility which does not meet criteria 1.a through 1.f above shall be considered an enlargement or expansion, and shall comply with the provisions of TMC Chapter 18.66, Unclassified Use Permits. 3. Whether or not a proposed new facility is considered an intensification or an expansion /enlargement, all other applicable codes such as construction codes, SEPA, etc., shall continue to apply. Section 65. TMC Chapter 18.80, "Amendments to the Comprehensive Plan and Development Regulations," Amended. Ordinance Nos. 1770 §52 and 1758 §1 (part), as codified at TMC Section 18.80.010, "Application," are hereby amended to read as follows: Any interested person (including applicants, citizens, Tukwila Planning Commission, City staff and officials, and staff of other agencies) may submit an application for an amendment to either the Comprehensive Plan or the development regulations to the Department of Community Development. Such applications, except site specific rezones alonq with the underlvinq Comprehensive Plan map change, are for legislative decisions and. are not subject to the requirements or procedures set forth in TMC Chapters 18.104 to 18.116. In addition to the requirements of TMC Section 18.80.015, the application shall specify, in a format established by the Department: 1. A detailed statement of what is proposed and why; 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; 3. An explanation of why the current Comprehensive Plan or development regulations are deficient or should not continue in effect; 4. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; 5. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; 6. A statement of what changes, if any, would be required in functional plans (i.e., the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted; 7. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City; and 8. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 64 of 74 i l Section 66. TMC Chapter 18.80, "Amendments to the Comprehensive Plan and Development Regulations," Amended. Ordinance No. 1770 §53, as codified at TMC Section 18.80.015, "Documents to be Submitted with Application," is hereby amended to read as follows: A. Applications for amendments to the Comprehensive Plan or development regulations shall provide the following documents in such quantities as are specified by the Department: 1. An application form provided by the Department. 2. King County Assessor's map(s) which show the location of each property within 300 feet of the property that is the subject of the proposed amendment. 3. Two sets of mailing labels for all property owners and occupants (businesses and residents), including tenants in multiple occupancy structures, within 300 feet of the subject property, or nav a fee to the Citv for aeneratinq mailinq labels. 4. A vicinity map showing the location of the site. 5. A surrounding area map showing Comprehensive Plan designations, zoning designations, shoreline designations, if applicable, and existing land uses within a 1,000 -foot radius from the site's property lines. 6. A site plan, including such details as may be required by the Department. 7. A landscaping plan, including such details as may be required by the Department. 8. Building elevations of proposed structures, including such details as may be required by the Department. 9. Such photomaterial transfer or photostat of the maps, site plan and building elevation, including such details as may be required by the Department. 10. Such other information as the applicant determines may be helpful in evaluating the proposal, including color renderings, economic analyses, photos, or material sample boards. B. The Department shall have the authority to waive any of the requirements of this section for proposed amendments that are not site specific or when, in the Department's discretion, such information is not relevant or would not be useful to consideration of the proposed amendment. Section 67. TMC Chapter 18.80, "Amendments to the Comprehensive Plan and Development Regulations," Amended. Ordinance Nos. 1856 §1, 1770 §55, and 1758 §1 (part), as codified at TMC Section 18.80.050, "Council Consideration," are hereby amended to read as follows: W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 65 of 74 i A. The City Council shall consider each request for an amendment to either the Comprehensive Plan or development regulations, except site specific rezones along, with the request for a Comprehensive Plan map change, at a public meeting, at which the applicant will be allowed to make a presentation. Any person submitting a written comment on the proposed change shall also be allowed an opportunity to make a responsive oral presentation. Such opportunities for oral presentation shall be subject to reasonable time limitations established by the Council. B. The Council will consider the following in deciding what action to take regarding any proposed amendment: 1. Is the issue already adequately addressed in the Comprehensive Plan? 2. If the issue is not addressed in the Comprehensive Plan, is there a public need for the proposed change? 3. Is the proposed change the best means for meeting the identified public need? 4. Will the proposed change result in a net benefit to the community? C. Following Council consideration as provided by TMC Sections 18.80.050A and 18.80.050B, the City Council shall take action as follows: 1. Refer the proposed amendment to the Planning Commission for further review and a recommendation to the City Council; 2. Defer further Council consideration for one or more years to allow the City further time to evaluate the application of the existing plan or regulations; or 3. Reject the proposed amendment. Section 68. TMC Chapter 18.84, "Requests for Changes in Zoning," Amended. Ordinance No. 2116 §1 (part), as codified at TMC Section 18.84.010, "Application Submittal," is hereby amended to read as follows: Application for rezone of property, along with the request for a Comprehensive Plan map change, shall be submitted to the Department of Community Development. Site specific rezone and the accompanvina Comprehensive Plan map change The application shall be a Type 5 decision processed in accordance with the provisions of TMC Section 18.108.050. Section 69. TMC Section 18.84.015 Adopted. TMC Section 18.84.015, "Documents to be Submitted with Application," is hereby established to read as follows: W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 66 of 74 0 18.84.015 Documents to be Submitted with Application A. Applications for rezones and the accompanvinq Comprehensive Plan map change shall provide the followina documents in such quantities as are specified by the Department: 1. An application form provided by the Department. 2. King Countv Assessor's map(s) which show the location of each property within 300 feet of the propertv that is the subiect of the proposed amendment. 3. Two sets of mailing labels for all propertv owners and occupants (businesses and residents), including tenants in multiple occupancv structures, within 300 feet of the subiect propertv, or oav a fee to the Citv for aeneratina mailinq labels. 4. A vicinitv map showing the location of the site. 5. A surroundinq area map showina Comprehensive Plan designations, zoninq designations, shoreline designations, if applicable, and existina land uses within a 1,000 -foot radius from the site's propertv lines. 6. A site plan, includinq such details as may be required by the Department. 7. A landscaping plan, includinq such details as may be required by the Department. 8. Buildinq elevations of proposed structures, includinq such details as may be required by the Department. 9. Such photomaterial transfer or photostat of the maps, site plan and buildinq elevation, including such details as may be required by the Department. 10. Such other information as the applicant determines may be helpful in evaluating the proposal, includina color renderings, economic analvses, photos, or material sample boards. B. The Department shall have the authoritv to waive any of the requirements of this section for proposed amendments when, in the Department's discretion, such information is not relevant or would not be useful to consideration of the proposed amendment. Section 70. TMC Chapter 18.84, "Requests for Changes in Zoning," Amended. Ordinance No. 2116 §1 (part), as codified at TMC Section 18.84.020, "Criteria," is hereby amended to read as follows: Each determination granting a rezone and the accompanvina Comprehensive Plan map chanae shall be supported by written findings and conclusions, showing specifically that all of the following conditions exist: W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 67 of 74 i 1. The proposed .amendment to the Zoning Map is consistent with the goals, objectives, and policies of the Comprehensive Plan, 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of TMC Title 18, "Zoning Code," and the description and purpose of the zone classification applied for; 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map; and 4. The proposed amendment to the Zoning Map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. Section 71. TMC Chapter 18.104, "Permit Application Types and Procedures," Amended. Ordinance Nos. 2294 §1, 2251 §75, 2235 §19, 2135 §19, and 2119 §1, as codified at TMC Section 18.104.010, "Classification of Project Permit Applications," are hereby amended to read as follows: Project permit decisions are classified into five types, based on the degree of discretion associated with each decision,' as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting and /or a public hearing is required before a decision is made, and whether administrative appeals are provided. 1. TYPE 1 DECISIONS are made by City administrators who have technical expertise, as designated by ordinance.. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions. TYPE 1 DECISIONS I l'll:11115612 »NIT, 111 Administrative Variance for Noise 30 days or less (TMC Section 8.22.120) Any land use permit or approval issued by the City, unless specifically categorized as a Type 2, 3, 4, or 5 decision by this chapter Boundary Line Adjustment, including Lot Consolidation (TMC Chapter 17.08) DECISION MAKER Community Development Director As specified by ordinance Community Development Director Development Permit Building Official W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 68 of 74 0 Minor modification to design review approval Community (TMC Section 18.60.030) Development (open record Director Minor Modification to PRD Community (TMC Section 18.46.130) Development nenifinally requiring approval of the Planning Director CernMURit-y Development C OMMiSSion or menials of Sinn permits that are appealable Tree Permit DoreG-'tGF Community (TMC Chapter 18.54) Development Review Director Wireless Communication Facility, Minor Community (TMC Chapter 18.58) Development Examiner Director 2. TYPE 2 DECISIONS are decisions that are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Board of Architectural Review, or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 2 DECISIONS INITIAL APPEAL BODY TYPE OF PERMIT DECISION (open record MAKER appeal) Administrative Design Review Community Board of (TMC Section 18.60.030) Development Architectural Director Review Administrative Planned Short Plat Hearing Residential Development Committee Examiner (TMC Section 18.46. 110) Administrative Variance for Community Hearing Noise 31 -60 days Development Examiner (TMC Section 8.22.120) Director Binding Site Improvement Plan Short Plat Hearing (TMC Chapter 17.16) Committee Examiner Cargo Container Placement Community Hearing (TMC Section 18.50.060) Development Examiner Director Code Interpretation Community Hearing (TMC Section 18.90. 010) Development Examiner Director W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 69 of 74 Cr Exception from Single Family Community Hearing Design Standard Development Examiner (TMC Section 18.50.050) Director Modification to Development Community Hearing Standards Development Examiner (TMC Section 18.41.100) Director Parking standard for use not Community Hearing specified Development Examiner (TMC 18.56.100), Director and modifications to certain parking standards (TMC 18.56.065..070..120) Sensitive Areas (except Community Hearing Reasonable Use Exception) Development Examiner (TMC Chapter 18.45) Director Shoreline Substantial Community State Shorelines Development Permit Development Hearings Board (TMC Chapter 18.44) Director Shoreline Tree Permit Communitv Hearinq Development Examiner Director Short Plat Short Plat Hearing (TMC Chapter 17.12) Committee Examiner X11 seGtiens of TMG Title4 -9) DireGte Wireless Communication Community Hearing Facility, Minor Development Examiner (TMC Chapter 18.58) Director 3. TYPE 3 DECISIONS are quasi judicial decisions made by the Hearing Examiner following an open record hearing. Type 3 decisions may be appealed only to Superior Court, except for shoreline variances and shoreline conditional uses that may be appealed to the State Shorelines Hearings Board pursuant to RCW 90.58. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 70 of 74 i• TYPE 3 DECISIONS TYPE OF PERMIT Resolve uncertain zone district boundary Variance (zoning, shoreline, sidewalk, land alteration, sign) TSO Special Permission Use (TMC Section 18.41.060) Conditional Use Permit Modifications to Certain Parking Standards (TMC Chapter 18.56) Reasonable Use Exceptions under Sensitive Areas Ordinance (TMC Section 18.45.180) Variance for Noise in excess of 60 days (TMC Section 8.22.120) Variance from Parking Standards over 10% (TMC Section 18.56.140) Shoreline GGRditinnal Use Perm S end a- 8:44:803 Subdivision Preliminary Plat with no associated Design Review application (TMC Section 17.14.020) Wireless Communication Facility, Major or Waiver Request (TMC Chapter 18.58) INITIAL DECISION MAKER Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner APPEAL BODY (closed record appeal) Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court 4. TYPE 4 DECISIONS are quasi judicial decisions made by the Board of Architectural Review or the Planning Commission, following an open record hearing. Type 4 decisions may be appealed to the Hearing Examiner based on the record established by the Board of Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, that are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 71 of 74 i TYPE 4 DECISIONS TYPE OF PERMIT Public Hearing Design Review (TMC Chapter 18.60) Subdivision Preliminary Plat with an associated Design Review application (TMC Section 17.14.020) Shoreline Conditional Use Permit (TMC Section 18.44.050) INITIAL DECISION MAKER Board of Architectural Review Planning Commission APPEAL BODY (closed record appeal) Hearing Examiner Hearing Examiner Planninq State Shorelines Commission Hearinqs Board 5. TYPE 5 DECISIONS are quasi judicial decisions made by the Hearing Examiner or City Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court. TYPE 5 DECISIONS INITIAL APPEAL BODY TYPE OF PERMIT DECISION (closed record MAKER appeal) Planned Residential City Council Superior Court Development (PRD), including Major Modifications (TMC Chapter 18.46) Site specific Rrezone alonq City Council Superior Court with an accomnanvinq Comprehensive Plan map chanqe (TMC Chapter 18.84) Sensitive Area Master Plan City Council Superior Court Overlay (TMC Section 18.45.160) Shoreline Environment City Council Superior Court Re- designation (Shoreline Master Program) Subdivision Final Plat City Council Superior Court (TMC Section 17.12.030) Unclassified Use City Council Superior Court (TMC Chapter 18.66) W: Word Processing\Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 72 of 74 Section 72. TMC Chapter 18.104, "Permit Application Types and Procedures," Amended. Ordinance No. 1768 §2 (part), as codified at TMC Section 18.104.170, "Notice of Decision," is hereby amended to read as follows: A. The Department shall provide written notice in a timely manner of the final decision on permits requiring Type 2, 3, 4 and 5 decisions and on permits requiring Type 1 decisions which require SEPA review. Such notice shall identify the threshold determination, if any, and the procedures for administrative appeals, if any. Notice shall be delivered by first class mail, email or in person to the applicant, to the Department of Ecology and to agencies with jurisdiction, and to all parties of record. B. Notices of Decision for Shoreline Substantial Development permits shall also comply with the requirements of RCW 90.58. Section 73. TMC Chapter 18.120, "Housing Options Program," Amended. Ordinance No. 2103 §1 (part), as codified at TMC Section 18.120.050, "Review and Application Process," subparagraph B, is hereby amended to read as follows: B. Type of Application. Decision types are described in the Permit Application Types and Procedures Chapter of the Tukwila Zoning Code (TMC Chapter 18.104). In all cases, design review is required and shall be consolidated per "Consolidation of Permit Applications" in the Permit Application Types and Procedures Chapter (TMC Section 18.104.030). The tvpe of land use application shall be determined pursuant to the permit tvpes and thresholds listed under TMC Section 18.104.010. The type of appliGatiens shall depeRd en the size and type of proposed pFej 1. i f 1 so f our t c a re proposed hen a Typ s hal�c f e l l t-lwed; them a Type 4 deGisien shall be followed; nr 3. if more thaR 9 additional lots are pmpE)sed, then a Type 5 deGision shall be Section 74. Repealer. Ordinance No. 1482 §1 (part), as codified at TMC Section 5.44.130, "Location and base of operation," is hereby repealed. Section 75. Repealer. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.06.681, "Regulated Wetlands," is hereby repealed. Section 76. Repealer. Ordinance Nos. 2075 §1 (part) and 1758 §1 (part), as codified at TMC Sections 18.06.932, "Wetland, Isolated," and 18.06.933, "Wetland, Regulated," are repealed. Section 77. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 73 of 74 w e Section 78. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 78. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 1 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: Attachment: Exhibit A Revised Figure 18 -3 W: Word Processing \Ordinances \DCD Housekeeping Code Amendments strike -thru 4 -17 -12 MD:bjs Page 74 of 74 0 s U ON Special Height Exception Area: Up to Six (6) Stories Allowed Special Height Exception Area: Up to Four (4) Stories Allowed Special Height Limitation Area: Limited to No More than Six (6) Stories J j or L 31 VIA IO N Figure 18-3 Building Height Exception Areas 91